The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1887-11-24

way2' He might if he had thrown
up his l&nds and begged for mercy"
Redirect: Mr.. Johnstone's refer
ence to absent counsel meant that
the case had already hecn postponed
on account of the absence Of counsel.
NJ. A. Carlisle: Was present 2GtM
of March at the encounter. There
was first some discussion as TO
whether the trial justice had juris-
iiction Mr.. Jones made the last
speech in the case. My position at
the time of the firing was behind Mr..
Blease. the trial justice. When
Jones opened he said that Mr.. John
stone said that it was Court of
record. M7. Johnstone said that he
did hot say so. Mr.. Blease said:
Don't interrupt him." Soon after
that things got much mixed, but l
saw Mr.. Jones shoot first; then Mr..
Johnstone fired and so on. When I
left tue room Mr.. tombstone was
down on his knees. Mr.. Johnstone's
remark about the absence was only
preliminary. and had nothing to do
with the case. | had noticed no bad
blood between the parties that morn
ing.
Cross-examined: l could see no
objection to Mr.. Jonhstone's speech,
except that it was very much against
our side. / think Mr.. Jobnstone's
pistol was OUT before Mr.. Jones fired.
When Mr.. Jones said, Il consider
the source it was the first and only
harsh word uttered on the trial. |
was not long in the room after the
first shot.
Warren H. Jones: Was in Blease's
Office at the beginning of the trouble.
There were some words made by
Mr.. Jones to the effect that the
Court was a Court of record, which
Mr.. Johnstone denied. Then Jones
said that if he could not be heard he
would not go on. The Court induced
him to 60 on. Again he repeated
the interruption and Mr.. Jones said
that he could not be annoyed, be.
cause he considered the source.
Then they began firing and Mr..
Johustone fell to the floor. The ex.
preston used by Mr.. Johnstone was
that "if the insolent puppy repeats
his remark I will slap his face"
When Mr.. Jones fred his first shot
after turning upon Mr.. Johnstone,
the latter drew his pistol very quick
ly. After that Mr.. Cromer got be-
tween them and the shooting was
done around him. The firing was
exceedingly rapid. Mr.. Cromer
tried, as I thought to get hold of Mr..
Jones pistol, but there was such
smoke that / could not we'll see what
was going on.
No cross:examination.
Collie l.. Blease: Saw the Difficult
ty. Usually took evidence in the
Court, but on that day Mr.. E. H.
Aull was acting. When Jones was
speaking he said that Mr.. Johnstone
admitted that it was a Court of
record. There were some further
words and finally Mr.. Jones said
that ''if the puppy will repeat that
Ill slap his face" Then Mr.. Jones
turned away from Mr.. Johnstone,
and as he turned towards him again
he had out his pistol andgfred at
him with dellberation. Mr.. Johnstone
then fred and then the firing became
rapid, MIR. Johnstone falling to the
floor. When it was all over Mr..
JONES said: Il am shot through the
body, but get me pistol and Ill
kill him yet
No cross. examination.
r. 3. Holman: Was in Blease's
Office as constable on the day of the
killing. Mr.. Holman did not say
anything new in the way of evidence,
with the exception that Mr. Jones
fired before Mr.. Johnstone bad finish
ed the sentence IF the puppy" &c.
Mr.. Holman did not hear the word
which Mr.. Jehnstone used to qualify
the term puppy" Did not know
whether there had been any ill-feel-
ing between Mr.. Johnstone and Mr..
Jones previous to that day. Didn't
know how many shots were fred.
In fact he didn't count them"
Cross examined: Know that the
families of Johnstone and Mr.. Jones
were On the best of terms for the past
fifty years.
At the conclusion of the examina-
ton of Mr.. Holman the State
closed and rested its case.
Mr.. Johnstone took the stand as
first witness in his own beh5fpie 60, ~
! g..zszazaasssz g..z.sszzaazaasssz--z.sssSs )
5Eses whole litigation which nf!a Lta~to
the difficulty. We give his testilno'
nv As fully as practicable.